Opinion
July 7, 1986
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Judgment affirmed.
Any alleged error with respect to the People's failure to produce the victim at the Wade hearing was not preserved for our review as a matter of law, since the defendant's counsel did not object to her absence (see, CPL 470.05; People v James, 110 A.D.2d 1037).
Viewing the evidence adduced at trial in the light most favorable to the People, as we must, we are satisfied that any rational trier of the facts could have found that the defendant's guilt was proven beyond a reasonable doubt (see, People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v Contes, 60 N.Y.2d 620). The accuracy of an eyewitness identification presents a question of credibility which is for the jury to resolve (see, People v Batts, 111 A.D.2d 761).
There is no merit to the defendant's claim that Gilda Montalbano's testimony improperly bolstered the identification made by the victim, since Montalbano, a civilian, independently observed the defendant near the scene of the crime shortly after its commission and therefore was competent to testify about her own observations. Weinstein, J.P., Niehoff, Lawrence and Kooper, JJ., concur.